S.I. No. 125/1959 - Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959.

S.I. No. 125 of 1959.

TRANSPORT, FUEL AND POWER (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1959.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby order as follows :

1. This Order may be cited as the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959.

2. In this Order—

" functions " includes powers and duties ;

" operative date " means the date of this Order.

3.—(1) The Administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Transport and Power.

(2) References to the Department of Industry and Commerce contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of Transport and Power.

4.—(1) The functions vested in the Minister for Industry and Commerce by or under the Acts and the Orders mentioned in the First Schedule to this Order are hereby transferred to the Minister for Transport and Power.

(2) The functions vested in the Minister for Industry and Commerce by or under the provisions mentioned in the third column of the Second Schedule to this Order at any reference number of any Act mentioned in the second column of that Schedule at that reference number are hereby transferred to the Minister for Transport and Power.

(3) The functions vested in the Minister for Industry and Commerce, whether by or under any Act or instrument made thereunder or otherwise, in relation to railways, light railways, tramways, canals, waterways, inland navigations, harbours, docks, piers, gas undertakings and the production, sale and distribution of gas (other than functions in relation to gas undertakings vested in the Minister for Industry and Commerce by or under the Factories Act, 1955 (No. 20 of 1955), and functions in relation to the weighing and measurement of gas) and not transferred by the preceding paragraphs of this Article are hereby transferred to the Minister for Transport and Power.

(4) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder, and in the Orders mentioned in the First Schedule to this Order, and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

5.—(1) All property (real or personal), rights and liabilities held enjoyed, or incurred before the operative date by the Minister for Industry and Commerce, in connection with any functions transferred by this Order to the Minister for Transport and Power, shall be and are hereby transferred to the Minister for Transport and Power, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the operative date vest in the Minister for Transport and Power,

(b) the said rights shall, as on and from the operative date, be enjoyed by the Minister for Transport and Power,

(c) the said liabilities shall, as on and from the operative date be the liabilities of the Minister for Transport and Power

(2) All moneys, stocks, shares and securities transferred to the Minister for Transport and Power by this Article which, on the operative date, are standing in the books of any corporation or company in the name of the Minister for Industry and Commerce shall, upon the request of the Minister for Transport and Power, be transferred into his name.

6. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Industry and Commerce is a party and the proceedings have reference to functions transferred by this Order to the Minister for Transport and Power, the name of the Minister for Transport and Power shall be substituted in the proceedings for that of the Minister for Industry and Commerce and the proceedings shall not abate by reason of such substitution.

7. Anything commenced before the operative date by or under the authority of the Minister for Industry and Commerce may, so far as it relates to functions transferred by this Order to the Minister for Transport and Power, be carried on or completed on or after the operative date by the Minister for Transport and Power.

8. Every licence, certificate or other like document granted or made in the exercise of a function transferred by this Order shall, if and in so far as it was operative immediately before the operative date, have effect on or after the operative date as if it had been granted or made by the Minister for Transport and Power.

9. References to the Minister for Industry and Commerce contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

Article 4 (1).

FIRST SCHEDULE.

PART I.

Acts, functions under which are transferred from the Minister for Industry and Commerce to the Minister for Transport and Power.

1. the Gasworks Clauses Act, 1847,

2. the Sale of Gas Act, 1859,

3. the Sale of Gas Act, 1860,

4. the Gas and Water Works Facilities Act, 1870,

5. the Gasworks Clauses Act, 1871,

6. the Merchant Shipping Acts, 1894 to 1952,

7. the Pilotage Act, 1913,

8. the Gas Regulation Act, 1920,

9. the Railways Acts, 1924 to 1935,

10. the Shannon Electricity Acts, 1925 to 1933,

11. the Electricity (Supply) Acts, 1927 to 1958,

12. the Gas Regulation Act, 1928 ,

13. the Road Transport Act, 1932 ,

14. the Road Transport Act, 1933 ,

15. the Foreshore Act, 1933 ,

16. the Harbours (Regulation of Rates) Act, 1934 ,

17. the Road Transport Act, 1934 ,

18. the Carriage by Sea (Heavy Articles) Act, 1934 ,

19. the Shannon Fisheries Acts, 1935 and 1938,

20. the Road Transport Act, 1935 ,

21. the Turf (Use and Development) Act, 1936 ,

22. the Air Navigation and Transport Acts, 1936 to 1959,

23. the Liffey Reservoir Act, 1936 ,

24. the Transport Act, 1944 ,

25. the Lough Corrib Navigation Act, 1945 ,

26. the Harbours Acts, 1946 and 1947,

27. the Acts, in so far as they are unrepealed, mentioned in the Third Schedule to the Harbours Act, 1946 , and the Acts mentioned in the Fourth Schedule to that Act,

28. the Turf Development Acts, 1946 to 1959,

29. the Customs-free Airport Acts, 1947 and 1958,

30. the Irish Shipping Limited Acts, 1947 and 1959,

31. the Transport Act, 1950 ,

32. the Erne Drainage and Development Act, 1950 ,

33. the Great Northern Railway Act, 1953 ,

34. the Transport (Miscellaneous Provisions) Act, 1955 ,

35. the Mercantile Marine Act, 1955 ,

36. the Transport Act, 1955 ,

37. the Road Transport Act, 1956 ,

38. the Oil Pollution of the Sea Act, 1956 ,

39. the Gas Regulation Act, 1957 ,

40. the Transport Act, 1958 ,

41. the Great Northern Railway Act, 1958 .

PART II.

Orders, functions under which are transferred from the Minister for Industry and Commerce to the Minister for Transport and Power.

1. the Orders, in so far as they are unrevoked, mentioned in the Third Schedule to the Harbours Act, 1946 ,

2. the Meteorological Service (Redistribution of Public Services) Order, 1936,

3. the Emergency Powers (No. 263) Order, 1943.

Article 4 (2).

SECOND SCHEDULE.

Acts, certain functions under which are transferred from the Minister for Industry and Commerce to the Minister for Transport and Power.

GIVEN under the Official Seal of the Government, this 27th day of July, 1959.

SEÁN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Transport and Power and to the Department of Transport and Power, respectively, with effect as from the date of this Order, the Ministerial functions and Departmental administration in relation to Transport, Fuel and Power.